kelly m. klaus (ca bar no. 161091) · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23...
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COMPLAINT
KELLY M. KLAUS (CA Bar No. 161091) [email protected] ELIZABETH A. KIM (CA Bar No. 295277) [email protected] MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, Fiftieth Floor Los Angeles, California 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 MICHAEL B. DESANCTIS (pro hac vice pending) [email protected] MUNGER, TOLLES & OLSON LLP 1155 F Street N.W., Seventh Floor Washington, D.C. 20004-1357 Telephone: (202) 220-1100 Facsimile: (202) 220-2300 KAREN R. THORLAND (CA Bar No. 172092) [email protected] MOTION PICTURE ASSOCIATION OF AMERICA, INC. 15301 Ventura Blvd., Building E Sherman Oaks, California 91403 Telephone: (818) 935-5812 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
Netflix Studios, LLC; Amazon Content Services, LLC; Columbia Pictures Industries, Inc.; Disney Enterprises, Inc.; Paramount Pictures Corporation; Twentieth Century Fox Film Corporation; Universal City Studios Productions LLLP; Warner Bros. Entertainment Inc.
Plaintiffs,
vs. Dragon Media Inc. d/b/a Dragon Box; Paul Christoforo; Jeff Williams.
Defendants.
Case No. COMPLAINT DEMAND FOR JURY TRIAL
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 1 of 28 Page ID #:1
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-1- COMPLAINT
Plaintiffs Netflix Studios, LLC (“Netflix”), Amazon Content Services, LLC
(“Amazon”), Columbia Pictures Industries, Inc. (“Columbia”), Disney Enterprises,
Inc. (“Disney”), Paramount Pictures Corporation (“Paramount”), Twentieth Century
Fox Film Corporation (“Fox”), Universal City Studios Productions LLLP
(“Universal”), and Warner Bros. Entertainment Inc. (“Warner Bros.”) (collectively,
“Plaintiffs”) bring this Complaint against Dragon Media Inc. d/b/a Dragon Box,
Paul Christoforo, and Jeff Williams (Christoforo and Williams are referred to
collectively as the “Individual Defendants,” and the Individual Defendants and
Dragon Media Inc. are referred to collectively as “Defendants”) under the Copyright
Act (17 U.S.C. § 101 et seq.). This Court has subject matter jurisdiction pursuant to
28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. § 501(b). Plaintiffs allege, on personal
knowledge as to themselves and information and belief as to others, as follows:
INTRODUCTION
1. Defendants market and sell “Dragon Box,” a computer hardware device
that Defendants urge their customers to use as a tool for the mass infringement of
the copyrighted motion pictures and television shows Plaintiffs own or have the
exclusive right(s) to reproduce, distribute, and/or publicly perform (“Copyrighted
Works”). Defendants tell customers to “Watch your Favourites Anytime For
FREE,” “Watch virtually every movie, Most in High Definition, TV Shows and
Sports … and much more.” And Defendants promote the device as the means to
“cut your cable & save money,” and encourage customers to “Get rid of your
Premium Channels… [and] Stop paying for Netflix and Hulu.”
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 2 of 28 Page ID #:2
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-2- COMPLAINT
2. Defendants sell illegal access to Plaintiffs’ Copyrighted Works. It
works like this: Defendants distribute and promote the Dragon Box device, the
black box displayed in the bottom left-hand side of Defendants’ ad shown above.
Dragon Box uses software to link its customers to infringing content on the Internet.
When used as Defendants intend and instruct, Dragon Box gives Defendants’
customers access to multiple sources that stream Plaintiffs’ Copyrighted Works
without authorization. These streams are illegal public performances of Plaintiffs’
Copyrighted Works.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 3 of 28 Page ID #:3
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-3- COMPLAINT
3. For the customers who use Dragon Box, the device provides the
hallmarks of using authorized streaming services—a user-friendly interface and
reliable access to popular content—with one notable exception: the customers only
pay money to Defendants, not to Plaintiffs and other content creators upon whose
copyrighted works Defendants’ business depends. Plaintiffs bring this action to stop
Defendants’ intentional inducement of, and knowing and material contribution to,
the widespread infringement of Plaintiffs’ rights.
THE PARTIES
4. Plaintiff Netflix Studios, LLC is a corporation duly incorporated under
the laws of the State of Delaware with its principal place of business in Los Gatos,
California. Netflix owns or controls the copyrights or exclusive rights in the content
that it or its affiliates produce or distribute.
5. Plaintiff Amazon Content Services, LLC is a corporation duly
incorporated under the laws of the State of Delaware with its principal place of
business in Seattle, Washington. Amazon owns or controls the copyrights or
exclusive rights in the content that it or its affiliates produce or distribute.
6. Plaintiff Columbia Pictures Industries, Inc. is a corporation duly
incorporated under the laws of the State of Delaware with its principal place of
business in Culver City, California. Columbia owns or controls the copyrights or
exclusive rights in the content that it or its affiliates produce or distribute.
7. Plaintiff Disney Enterprises, Inc. is a corporation duly incorporated
under the laws of the State of Delaware with its principal place of business in
Burbank, California. Disney owns or controls the copyrights or exclusive rights in
the content that it or its affiliates produce or distribute.
8. Plaintiff Paramount Pictures Corporation is a corporation duly
incorporated under the laws of the State of Delaware with its principal place of
business in Los Angeles, California. Paramount owns or controls the copyrights or
exclusive rights in the content that it or its affiliates produce or distribute.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 4 of 28 Page ID #:4
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-4- COMPLAINT
9. Plaintiff Twentieth Century Fox Film Corporation is a corporation duly
incorporated under the laws of the State of Delaware with its principal place of
business in Los Angeles, California. Fox owns or controls the copyrights or
exclusive rights in the content that it or its affiliates produce or distribute.
10. Plaintiff Universal City Studios Productions LLLP is a limited liability
limited partnership duly organized under the laws of the State of Delaware with its
principal place of business in Universal City, California. Universal owns or controls
the copyrights or exclusive rights in the content that it or its affiliates produce or
distribute.
11. Plaintiff Warner Bros. Entertainment Inc. is a corporation duly
incorporated under the laws of the State of Delaware with its principal place of
business in Burbank, California. Warner Bros. owns or controls the copyrights or
exclusive rights in the content that it or its affiliates produce or distribute.
12. Plaintiffs have obtained Certificates of Copyright Registration for their
Copyrighted Works. Exhibit A contains a representative list of titles, along with
their registration numbers, of which Defendants have contributed to and induced
infringement and continue to contribute to and induce infringement.
13. Defendant Dragon Media Inc. is a corporation duly incorporated under
the laws of the State of California with its principal place of business at 2740
Circulo Santiago, Carlsbad, CA 92008. Defendant Dragon Media Inc. does business
under the name Dragon Box and operates an interactive website available at
https://www.thedragonbox.com.
14. Defendant Paul Christoforo is the president, owner, and operator of
Dragon Media Inc. Christoforo is a resident of Carlsbad, California.
15. Defendant Jeff Williams is an official reseller and authorized
distributor of Dragon Box devices and an affiliate of Dragon Media Inc. Williams is
a resident of Larkspur, California. Williams operates an interactive website known
as “West Coast Dragon Box, available at http://www.westcoastdragonbox.com.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 5 of 28 Page ID #:5
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-5- COMPLAINT
JURISDICTION AND VENUE
16. This Court has subject matter jurisdiction over this Complaint pursuant
to 28 U.S.C. §§ 1331, 1338(a), and 17 U.S.C. § 501(b).
17. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),
1400(a).
FACTUAL OVERVIEW
Plaintiffs and Their Copyrighted Works
18. Plaintiffs or their affiliates produce and distribute some of the most
popular and critically acclaimed motion pictures and television shows in the world.
19. Plaintiffs or their affiliates have invested (and continue to invest)
substantial resources and effort each year to develop, produce, distribute, and
publicly perform their Copyrighted Works.
20. Plaintiffs or their affiliates own or have the exclusive U.S. rights
(among others) to reproduce, distribute, and publicly perform Plaintiffs’
Copyrighted Works, including by means of streaming those works over the Internet
to the public.
21. Plaintiffs authorize the distribution and public performance of their
Copyrighted Works in various formats and through multiple distribution channels,
including, by way of example: (a) for exhibition in theaters; (b) through cable and
direct-to-home satellite services (including basic, premium, and “pay-per-view”);
(c) through authorized, licensed Internet video-on-demand services, including those
operated by iTunes, Google Play, Hulu, VUDU, Netflix, Inc. and Amazon.com,
Inc.; (d) for private home viewing on DVDs and Blu-ray discs; and (e) for broadcast
on television.
22. Plaintiffs have not authorized Defendants, the operators of the third-
party sites to which Dragon Box links, or Defendants’ customers, to exercise any of
Plaintiffs’ exclusive rights under the Copyright Act, 17 U.S.C. § 106.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 6 of 28 Page ID #:6
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-6- COMPLAINT
Defendants’ Inducement of and Contribution to the Infringement of Plaintiffs’ Copyrighted Works
The Dragon Box Experience
23. As advertised, Dragon Box is easy for customers to install and operate.
Customers need only connect Dragon Box to the Internet and a screen (e.g.,
computer monitor or television) to operate. Defendants’ marketing materials
describe the “QUICK & EASY INSTALL!” and explain to customers that “all you
need is an Internet connection and HDTV”:
24. Defendants market Dragon Box as a device that gives their customers
direct access to “Free pay per view. Free movies still in theaters in HD and 3D.
Sports Packages, [and] Kids content.” Defendants boast that “All content is free”1
for Dragon Box customers.
1 The Dragon Box (April 9, 2014), https://www.facebook.com/TheDragonBox/photos/a.443840675745196.1073741828.440184166110847/491300964332500/?type=3&theater.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 7 of 28 Page ID #:7
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-7- COMPLAINT
25. The Dragon Box device primarily utilizes two types of software
programs. The first is a software media player called “Kodi.” Kodi is a third-party
“open source” media player, meaning that it operates with many different programs
and file formats. Kodi is recognized as the most popular media player for
supporting the second type of software program Dragon Box relies on: “addons.”
An addon is a software program that runs in conjunction with an underlying
software program (like Kodi) to provide functionality over and above the
functionality that the underlying software provides.
26. The Dragon Box device allows Defendants’ customers to access
“unlimited” “free” content through the use of the “Dragon Media” software
application. The Dragon Media application provides Defendants’ customers with a
customized configuration of the Kodi media player and a curated selection of the
most popular addons for accessing infringing content. These addons are designed
and maintained for the overarching purpose of scouring the Internet for illegal
sources of copyrighted content and returning links to that content. When Dragon
Box customers click those links, those customers receive unauthorized streams of
popular motion pictures and television shows.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 8 of 28 Page ID #:8
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-8- COMPLAINT
27. From the customer’s perspective, Dragon Box works as follows. First,
the customer boots up a newly delivered Dragon Box unit. As depicted below,
Dragon Box presents the customer with a menu that includes the “DRAGON
MEDIA” software application:
When a customer selects “DRAGON MEDIA” for the first time, the device prompts
the customer to download the “DragonBox” software. After clicking through the
guided “Media Setup,” the device downloads and installs the latest version of
Dragon Media:
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 9 of 28 Page ID #:9
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-9- COMPLAINT
28. Once the Dragon Media software application has been downloaded and
installed onto the Dragon Box device, the customer is presented a multi-page home
screen that presents the customer with categories to select. These categories include
“Sports,” “4Kids,” “Videos,” “IPTV,” and “TV Shows,” among others. The
screenshot below shows the “4Kids” portion of this multi-page home screen. The
buttons below the “4Kids” title are links to popular addons for accessing infringing
content for children, including “WatchCartonsOnline,” “Tykes,” and “Nemesis
Kids,” among others:
29. In total, Defendants provide customers with over 80 addons as part of
their suite of Dragon Media addons to access all of the “Unlimited Shows, Movies,
[and] Live Sporting events.”
30. Defendants’ customers use Dragon Box for intended and
unquestionably infringing purposes, most notably to obtain immediate, unrestricted,
and unauthorized access to unauthorized streams of Plaintiffs’ Copyrighted Works.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 10 of 28 Page ID #:10
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-10- COMPLAINT
31. Covenant is a very popular addon for accessing infringing content. It is
one of the suite of addons that Dragon Box includes with the download and
installation of the Dragon Media software application. As depicted in the screenshot
below (in the red circle), the Dragon Media software application features Covenant
with a preinstalled shortcut on the main Dragon Box menu for “Videos”:
32. The customer opens Covenant by clicking the shortcut button on the
Dragon Box home menu. Once opened, the customer sees the following welcome
screen, which features 15 different categories and search options. These curated
categories include selections of obviously popular and copyrighted content, such as
“Box Office,” “In Theaters,” and “New Movies”:
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 11 of 28 Page ID #:11
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-11- COMPLAINT
33. A Dragon Box customer who selected the “In Theaters” category on
December 19, 2017, would have viewed 51 curated results (as circled), the first page
of which is depicted below:
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 12 of 28 Page ID #:12
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-12- COMPLAINT
34. Disney’s Coco, one of the titles returned by selecting the “In Theaters”
category, was released to theaters on November 22, 2017. As of December 19,
2017, Coco was not authorized for in-home viewing via video-on-demand
distribution, as its distribution was still limited exclusively to theaters. As of
December 19, 2017, several other of the above-listed titles were also not authorized
for video-on-demand distribution, as they were still being distributed exclusively to
theaters.
35. Once the customer selects a particular title to stream, he or she has
access to dozens of links to sources of unauthorized content. For example, the
screenshot below shows the 100 results for Coco:
As the result of just one search, the customer would have had access to at least 100
different unauthorized sources for streaming Coco, less than a month after the title’s
release to theaters.
36. The customer also has access to information about the sources of the
unauthorized content, including whether the source streams content in high-
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 13 of 28 Page ID #:13
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-13- COMPLAINT
definition or standard-definition resolution. As depicted above, certain sources
indicate that they are “720P,” a high-definition resolution.
37. As depicted in the screenshot below, when the customer selects a
source for Coco, Dragon Box presents a user-friendly interface with buttons to fast-
forward, rewind, play, pause, stop, and turn on closed-captioning, among others.
With just a few clicks, the customer can access an infringing stream of a motion
picture that can be seen legally only in theatres:
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 14 of 28 Page ID #:14
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-14- COMPLAINT
Defendants Intentionally Induce Mass Infringement of Plaintiffs’ Copyrighted Works
38. Defendants promote the use of Dragon Box for overwhelmingly, if not
exclusively, infringing purposes, and that is how their customers use Dragon Box.
39. Defendants advertise Dragon Box as a substitute for authorized and
legitimate distribution channels such as cable television or video-on-demand
services like Amazon Prime and Netflix. Defendants blatantly tell prospective
customers to “Get rid of your Premium Channels… [and] Stop paying for Netflix
and Hulu,”2 because Dragon Box offers customers the ability to stream “ANY TV
SHOW, MOVIE, SPORTING EVENT …. AND NOT HAVE A MONTHLY
BILL.”3 Defendants actively target authorized distribution channels like Netflix and
encourage customers to “[s]top paying a monthly subscription and stream whatever
you want, [when]ever you want.” Defendants market Dragon Box as a way to “cut
the cord and start saving $$$!!!!” “Watch the shows you want! When you want!”
and do so with “NO CONTRACTS” “NO MONTHLY BILLS” and “NO
COMMERCIALS.” Defendants inform potential customers that once they purchase
Dragon Box, all of the content they stream is “All for FREE” and customers can
“get setup in less than five minutes.”
2 The Dragon Box (Sept. 27, 2014), https://www.facebook.com/TheDragonBox/photos/a.443840675745196.1073741828.440184166110847/585014294961166/?type=3&theater 3 The Dragon Box (Sept. 18, 2014), https://www.facebook.com/TheDragonBox/photos/a.443840675745196.1073741828.440184166110847/579048178891111/?type=3&theater
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 15 of 28 Page ID #:15
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-15- COMPLAINT
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 16 of 28 Page ID #:16
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-16- COMPLAINT
40. Defendants urge Dragon Box customers to stream infringing content.
Defendants’ promotional materials inform customers that “[y]ou get Free pay per
view. Free movies still in theaters in HD and 3D. Sports Packages, Kids content &
All content is free.” Defendants tell Dragon Box customers that they can “Watch
What You Want When You Want With Dragon Box and Save $$” and access “Free
Movies (In Theater)” “Free TV Shows commercial free from season one” and “so
much more content”:
41. Defendant Williams tells customers on his West Coast Dragon Box
website that customers can “WATCH MOVIES AT HOME THAT ARE STILL IN
THEATRES!” and that the “movie selection is unlimited, if you’re looking for a
classic or even movies currently in the theater!”4 Williams promises “FREE
ACCESS TO MOVIES, TV SHOWS, LIVE SPORTS … AND MORE.”5
42. Defendants also use their Facebook pages to announce software
updates and advertise the availability of infringing content that is not yet available
outside of theaters. For example, Defendant Christoforo, on the Dragon Box
4 West Coast Dragon Box, http://www.westcoastdragonbox.com (last visited Jan. 9, 2018). 5 Id.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 17 of 28 Page ID #:17
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Facebook page, announced to Dragon Box customers on June 8, 2016 that
Universal’s Warcraft was available to stream, though it was “Not Even in Theaters
Yet!!!” In that same post, Christoforo boasted that “Dragon Box [is] always
bringing you the latest and greatest blockbusters.”6 Warcraft was not released to
theaters until June 10, 2016, and not authorized for on-demand streaming until
September 13, 2016.
43. Defendants promote Dragon Media Inc.’s regular updates to the
Dragon Media software application. These updates include changes to the addons
that the Dragon Media application features. Dragon Media Inc. frequently adds the
most popular and up-to-date addons to the Dragon Media application and makes
custom “tweaks” to ensure that Dragon Box customers will enjoy uninterrupted
access to the most popular and up-to-date addons to obtain access to infringing
streams any time. As Defendant Christoforo explained on the Dragon Box
Facebook page: “Our programmers are top notch when it comes to KODI and
Firmware and the Dragon Box.”7 Defendant Dragon Media Inc. regularly releases
updates and “tweaks,” and released one such update, for example, on October 17,
2017.8
44. Dragon Media Inc. also provides Dragon Box customers with access to
“premium” addons. For example, Dragon Media Inc. issues every Dragon Box
customer a user login and password to access “Area-51 IPTV.” Using the Area-51
6 The Dragon Box (June 8, 2016), https://www.facebook.com/TheDragonBox/photos/a.443840675745196.1073741828.440184166110847/894715507324375/?type=3&theater. 7 The Dragon Box (July 19, 2015), https://www.facebook.com/TheDragonBox/posts/732750850187509. 8 The Dragon Box (October 17, 2017), https://www.facebook.com/TheDragonBox/posts/1338310729631515.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 18 of 28 Page ID #:18
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-18- COMPLAINT
IPTV addon, Dragon Box customers can stream live television channels, including
premium cable television networks and sports networks.
45. The commercial value of Defendants’ Dragon Box business depends on
high-volume use of unauthorized content through the Dragon Box devices.
Defendants promise their customers reliable and convenient access to all the content
they can stream and customers purchase Dragon Box devices based on Defendants’
apparent success in delivering infringing content to their customers. Dragon Media
Inc. and Christoforo solicit individuals like Williams to serve as authorized
distributors and resellers of Dragon Box devices by highlighting the increasing
popularity of Dragon Box devices and millions of dollars in sales.
46. As recently as December 30, 2017, Christoforo exclaimed “New
Dragon Box Resellers Wanted NOW!” explaining that Dragon Box has “over
250,000 customers in 50 states and 4 countries and growing” and has “374 sellers
across the world.”9 Christoforo explains that Dragon Box will “handle all of the
marketing materials … do all of the training and personal mentoring as well as the
tech support, warranty, customer service, and keeping the product up to date with
the latest firmware and software.”10
47. Defendants’ revenues grow based on increase in demand for the
Dragon Box devices. The demand for Dragon Box is driven by Defendants’
promise of free access to infringing content. These promises depend on and form an
integral part of an ecosystem built on the mass infringement of Plaintiffs’
Copyrighted Works.
9 The Dragon Box (Dec. 30, 2017), https://www.facebook.com/TheDragonBox/posts/1404082249721029. 10 Id.
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-19- COMPLAINT
FIRST CAUSE OF ACTION
(Intentionally Inducing the Infringement of Plaintiffs’ Copyrighted Works,
17 U.S.C. § 106)
48. Plaintiffs incorporate herein by reference each and every averment
contained in paragraphs 1 through 47 inclusive.
49. Defendants have actual knowledge of third parties’ infringement of
Plaintiffs’ exclusive rights under the Copyright Act.
50. Defendants intentionally induce the infringement of Plaintiffs’
exclusive rights under the Copyright Act, including infringement of Plaintiffs’
exclusive right to publicly perform their Copyrighted Works. As intended and
encouraged by Defendants, the Dragon Box device connects customers to
unauthorized online sources that stream Plaintiffs’ Copyrighted Works. The
operators of these source repositories directly infringe Plaintiffs’ public performance
rights by providing unauthorized streams of the works to the public, including to
Dragon Box customers. These operators, or others operating in concert with them,
control the facilities and equipment used to store and stream the content, and they
actively and directly cause the content to be streamed when Dragon Box customers
click on a link for the content.
51. Defendants induce the aforementioned acts of infringement by
supplying the physical devices that facilitate, enable, and create direct links between
Dragon Box customers and the infringing operators of the streaming services, and
by actively inducing, encouraging and promoting the use of their devices for blatant
copyright infringement.
52. Defendants’ intentional inducement of the infringement of Plaintiffs’
rights in each of their Copyrighted Works constitutes a separate and distinct act of
infringement.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 20 of 28 Page ID #:20
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53. Defendants’ inducement of the infringement of Plaintiffs’ Copyrighted
Works is willful, intentional, and purposeful, and in disregard of and with
indifference to the rights of Plaintiffs.
54. As a direct and proximate result of the infringement that Defendants
intentionally induce, Plaintiffs are entitled to damages and Defendants’ profits in
amounts to be proven at trial.
55. Alternatively, at their election, Plaintiffs are entitled to statutory
damages, up to the maximum amount of $150,000 per work infringed by virtue of
Defendants’ willful inducement of infringement, or for such other amounts as may
be proper under 17 U.S.C. § 504.
56. Plaintiffs further are entitled to recover their attorneys’ fees and full
costs pursuant to 17 U.S.C. § 505.
57. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate and
irreparable injury, for which there is no adequate remedy at law. Unless enjoined
and restrained by this Court, Defendants will continue to induce infringement of
Plaintiffs’ rights in their Copyrighted Works. Plaintiffs are entitled to injunctive
relief under 17 U.S.C. § 502.
SECOND CAUSE OF ACTION
(Contributory Copyright Infringement by Knowingly and Materially
Contributing to the Infringement of Plaintiffs’ Copyrighted Works,
17 U.S.C. § 106)
58. Plaintiffs incorporate herein by reference each and every averment
contained in paragraphs 1 through 47 inclusive.
59. Defendants have actual or constructive knowledge of third parties’
infringement of Plaintiffs’ exclusive rights under the Copyright Act. Defendants
knowingly and materially contribute to such infringing activity.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 21 of 28 Page ID #:21
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60. Defendants knowingly and materially contribute to the infringement of
Plaintiffs’ exclusive rights under the Copyright Act, including infringement of
Plaintiffs’ exclusive right to publicly perform their works. Defendants design and
promote the use of the Dragon Box device to connect customers to unauthorized
online sources that stream Plaintiffs’ Copyrighted Works. The operators of these
source repositories directly infringe Plaintiffs’ public performance rights by
providing unauthorized streams of the works to the public, including to Dragon Box
customers. The operators, or others operating in concert with them, control the
facilities and equipment used to store and stream the content, and they actively and
directly cause the content to be streamed when Dragon Box customers click on a
link for the content.
61. Defendants knowingly and materially contribute to the aforementioned
acts of infringement by supplying the physical devices that facilitate, encourage,
enable, and create direct links between Dragon Box customers and infringing
operators of the streaming services, and by actively encouraging, promoting, and
contributing to the use of their devices for blatant copyright infringement.
62. Defendants’ knowing and material contribution to the infringement of
Plaintiffs’ rights in each of their Copyrighted Works constitutes a separate and
distinct act of infringement.
63. Defendants’ knowing and material contribution to the infringement of
Plaintiffs’ Copyrighted Works is willful, intentional, and purposeful, and in
disregard of and with indifference to the rights of Plaintiffs.
64. As a direct and proximate result of the infringement to which
Defendants knowingly and materially contribute, Plaintiffs are entitled to damages
and Defendants’ profits in amounts to be proven at trial.
65. Alternatively, at their election, Plaintiffs are entitled to statutory
damages, up to the maximum amount of $150,000 per work infringed by virtue of
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 22 of 28 Page ID #:22
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Defendants’ willful, knowing, and material contribution to infringement, or for such
other amounts as may be proper under 17 U.S.C. § 504.
66. Plaintiffs further are entitled to recover their attorneys’ fees and full
costs pursuant to 17 U.S.C. § 505.
67. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate and
irreparable injury, for which there is no adequate remedy at law. Unless enjoined
and restrained by this Court, Defendants will continue to knowingly and materially
contribute to the infringement of Plaintiffs’ rights in their Copyrighted Works.
Plaintiffs are entitled to injunctive relief under 17 U.S.C. § 502.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants and for the
following relief:
1. For Plaintiffs’ damages and Defendants’ profits in such amount as may
be found; alternatively, at Plaintiffs’ election, for maximum statutory damages; or
for such other amounts as may be proper pursuant to 17 U.S.C. § 504(c).
2. For preliminary and permanent injunctions (a) enjoining Dragon Media
Inc., the Individual Defendants, and their officers, agents, servants, employees,
attorneys, and all persons acting in active concert or participation with them, from
publicly performing or otherwise infringing in any manner (including without
limitation by materially contributing to or intentionally inducing the infringement
of) any right under copyright in any of Plaintiffs’ Copyrighted Works, including
without limitation by publicly performing those works, or by distributing any
software or providing any service or device that does or facilitates any of the
foregoing acts; and (b) impounding all Dragon Box devices in Defendants’
possession, custody, or control, and any and all documents or other records in
Defendants’ possession, custody, or control relating to Defendants’ contribution to
and inducement of the infringement of Plaintiffs’ Copyrighted Works.
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 23 of 28 Page ID #:23
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3. For prejudgment interest according to law.
4. For Plaintiffs’ attorneys’ fees and full costs incurred in this action
pursuant to 17 U.S.C. § 505.
5. For all such further and additional relief, in law or in equity, to which
Plaintiffs may be entitled or which the Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury on all issues triable by jury.
DATED: January 10, 2018 MUNGER, TOLLES & OLSON LLP By: /s/ Kelly M. Klaus KELLY M. KLAUS Attorneys for Plaintiffs
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 24 of 28 Page ID #:24
EXHIBIT A
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 25 of 28 Page ID #:25
Exh A Page 1
Netflix Studios, LLC et al. v. Dragon Media Inc. et al Representative List of Works
Title Copyright Registrants Registration Number Registration Date
The OA, Season 1, Episode 1 Netflix Studios, LLC PA2-029-045 1/18/2017
Santa Clarita Diet, Season 1, Episode 1 Netflix Studios, LLC PA2-028-853 2/3/2017
Stranger Things, Season 1, Episode 8 Netflix Studios, LLC PA2-009-946 9/26/2016
Wet Hot American Summer: First Day of Camp, Season 1, Episode 1
Netflix Studios, LLC PA1-996-639 4/19/2016
Easy, Season 1, Episode 1 Netflix Studios, LLC PA2-009-863 9/26/2016
Bosch, Season 1, Episode 1
Amazon Content Services LLC PA2-000-165 2/10/2016
The Man in the High Castle, Season 1, Episode 1
Amazon Content Services LLC PA2-006-699 1/15/2015
Transparent, Season 1, Episode 1
Amazon Content Services LLC PA1-930-949 12/3/2014
Mozart in the Jungle, Season 1, Episode 1
Amazon Content Services LLC PA1-963-304 3/23/2015
Bosch, Season 1, Episode 1
Amazon Content Services LLC PA2-000-165 2/10/2016
The Shallows Columbia Pictures Industries, Inc. PA1-993-394 7/13/2016
Miracles from Heaven Columbia Pictures Industries, Inc. PA1-981-803 4/7/2016
Spiderman: Homecoming
Columbia Pictures Industries, Inc. PA2-044-059 7/7/2017
Rough Night Columbia Pictures Industries, Inc. PA2-041-774 6/30/2017
Smurfs: The Lost Village
Columbia Pictures Industries, Inc. PA 2-029-508 4/21/2017
Pete’s Dragon Disney Enterprises, Inc. PA1-998-053 8/26/2016
The Finest Hours Disney Enterprises, Inc. PA1-989-069 5/27/2016
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 26 of 28 Page ID #:26
Exh A Page 2
Title Copyright Registrants Registration Number Registration Date
Maleficent Disney Enterprises, Inc. PA1-899-203 6/10/2014
Alice Through the Looking Glass Disney Enterprises, Inc. PA1-991-651 6/28/2016
Into the Woods Disney Enterprises, Inc. PA1-932-175 2/11/2015
Paranormal Activity: The Ghost Dimension
Paramount Pictures Corporation PA1-960-100 10/23/2015
Zoolander 2 Paramount Pictures Corporation PA1-974-008 2/16/2016
13 Hours: The Secret Soldiers of Benghazi
Paramount Pictures Corporation PA1-969-757 1/19/2016
Whiskey Tango Foxtrot Paramount Pictures Corporation PA1-977-149 3/4/2016
Independence Day: Resurgence
Twentieth Century Fox Film Corporation; TSG Entertainment Finance LLC
PA1-994-450 7/22/2016
Deadpool Twentieth Century Fox Film Corporation; TSG Entertainment Finance LLC
PA1-977-152 3/4/2016
Ice Age, Collision Course
Twentieth Century Fox Film Corporation PA1-995-002 7/27/2016
Ice Age: The Meltdown Twentieth Century Fox Film Corporation PA1-306-625 3/31/2006
War for the Planet of the Apes
Twentieth Century Fox Film Corporation; TSG Entertainment Finance LLC
PA2-044-947 7/25/2017
The Purge: Election Year
Universal City Studios Productions LLLP PA1-995-003 7/11/2016
Despicable Me 3 Universal City Studios Productions LLLP PA2-043-544 6/27/2017
The Boss Universal City Studios Productions LLLP PA1-993-610 4/7/2016
Jurassic World Universal City Studios Productions LLLP; Amblin Entertainment LLC
PA1-946-359 6/10/2015
Wonder Woman Warner Bros. Entertainment Inc.; Ratpac-Dune Entertainment LLC
PA2-036-078 6/6/2017
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 27 of 28 Page ID #:27
Exh A Page 3
Title Copyright Registrants Registration Number Registration Date
Batman v. Superman: Dawn of Justice
Warner Bros. Entertainment Inc.; Ratpac-Dune Entertainment LLC
PA1-981-624 3/30/2016
Dunkirk Warner Bros. Entertainment Inc.; Ratpac-Dune Entertainment LLC
PA2-044-585 7/20/2017
Harry Potter and the Deathly Hallows Part 1
Warner Bros. Entertainment Inc. PA1-721-904 3/4/2011
Suicide Squad Warner Bros. Entertainment Inc.; Ratpac-Dune Entertainment LLC
PA1-995-698 8/4/2016
Case 2:18-cv-00230 Document 1 Filed 01/10/18 Page 28 of 28 Page ID #:28